Duncan V Louisiana 1968 the Term Paper

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(Duncan v. Louisiana, 1968)

Duncan clearly had his rights violated when he asked for a jury trial and did not receive one. Especially given that the conviction was held on conflicting and limited witness testimony that was likely highly charged and differential. In the end is it possible that battery occurred simply because the defendant touched the other individual and yet it is unlikely that intent to do harm, an aspect of battery could have been proven in a court of law without a reasonable doubt.

The outcomes of this case are argued in favor and against where some state that the ruling required states to reduce minimum mandatory sentencing in petty crimes while others argue that it establishes the federal minimum of petty designation across the states. In general it is true that this ruling was conservative in that the Supreme Court waived the right and desire to strictly rule on the issue of what makes a crime serious enough to warrant a jury trial bunt instead rule that in this particular case, because the defendant was facing the potential of 2 years in jail he was guaranteed a right to a jury trial if he so desired.

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The result of this ruling is clearly the development of a system that extends the right of an offering of a trial by jury to any defendant who is facing a sentencing for a crime that would break the 6-month federal rule. The ruling further expands the rights of the accused over the rights of the state to curtail such expenses in cases it deems minor. To some degree the ruling also makes it so sentencing lengths for "minor" crimes be kept in check as if such crimes were allowed to be given sentences of extreme then defendants would much more frequently ask for trial by jury rather than waiving such right and allowing judgment by a single entity or a small group of impartial judges.

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